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How to respond to a personal grievance…
- Understand what the problem raised is.
- Check the existing employment agreement, and other policies or rules about the parties’ rights and obligations towards each other.
- Get advice on what your obligations are and how best to respond to the grievance.
- Discuss the problem with the employee and investigate any allegations if necessary, and take appropriate action in response. The employee is entitled to a support person or representative.
- Be open and communicative to try to resolve the grievance at a low level.
- If the personal grievance is not resolved between the parties, they can go to mediation. The Ministry of Business Innovation and Employment Mediation Service provides mediation services free of charge.
- At mediation the parties aim to come up with practical solutions for the problem and may agree on a settlement.
- The settlement can be recorded in writing and if it is signed by a mediator from the Mediation Service, it will be legally binding and enforceable. The process is also confidential.
- If mediation fails to resolve the problem the personal grievance may escalate to the Employment Relations Authority who will investigate the matter and make a decision.
- The claimant files a Statement of Problem.
- The respondent files a Statement of Reply.
- Both parties exchange documents relevant to the dispute.
- Each party prepares their evidence and provides this to the other party.
- Both parties present their evidence to the ERA in a hearing.
- Each party can make submissions to the ERA.
- The ERA makes its decision.
- The parties can challenge the decision in the Employment Court.
- The Court follows a similar process with claims, defence, documents, evidence and submissions before reaching its decision.
- The parties can appeal to the Court of Appeal usually only for errors of law.
- The Court follows a similar process regarding arguments before giving its decision.